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The statute runs from the last false statement related to the fraud scheme – forgiveness applications and ongoing communications can restart the clock.
Understanding Your Federal Exposure
The federal government extended the statute of limitations for PPP fraud to 10 years in August 2022, retroactively covering all pandemic-era loans. A loan from 2020 is prosecutable until 2030. The COVID-19 Fraud Enforcement Task Force coordinates across FBI, IRS Criminal Investigation, and SBA OIG with strike forces dedicated to pandemic fraud.
According to Pandemic Oversight, as of December 31, 2024, over 3,096 defendants have been charged with pandemic relief fraud. Of those, 2,532 were found guilty – an 82% conviction rate. Of the convicted, 81% received prison time.
The Charges That Stack Against You
One PPP application can trigger multiple federal charges:
- Wire Fraud (18 U.S.C. 1343) – 20-30 years
- Bank Fraud (18 U.S.C. 1344) – 30 years
- False Statements to SBA (18 U.S.C. 1014) – 30 years
- Money Laundering (18 U.S.C. 1956) – 20 years
- Aggravated Identity Theft (18 U.S.C. 1028A) – mandatory +2 years consecutive
Defendants sentenced in 2024-2025 are receiving sentences approximately 40% longer than defendants who committed identical conduct but were sentenced in 2021-2022.
The Critical Window for Action
There’s a window between when the SBA OIG flags a loan and when the case gets referred to the FBI. During this window, civil resolution may still be possible – repayment plus a fine rather than federal felony conviction.
The DOJ has explicitly stated that voluntary repayment can be used as evidence of consciousness of guilt. Never discuss a PPP matter with federal agents without counsel present.
If you’re under investigation or concerned:
- Don’t destroy any documents
- Don’t discuss the matter with others who may be involved
- Don’t make voluntary payments without counsel
- Contact a federal defense attorney immediately
Todd Spodek has handled federal fraud cases across the country. He understands the difference between cases where civil resolution may be possible and cases where criminal defense is the priority.
Reduction in pretrial jail population since NJ bail reform implementation.
Source: NJ Judiciary Annual ReportApproval rate for properly filed expungement petitions in NJ.
Source: NJ Courts Statistical ReportCommon Mistakes to Avoid
Actually Stay Silent
Most people know they have the right to remain silent but still talk to police. Anything you say can and will be used against you. Politely decline to answer questions until your attorney is present.
Bail Conditions Are Enforceable
Violating bail conditions, even minor ones, can result in immediate re-arrest and make it much harder to obtain bail again. Follow every condition to the letter.
Proven Track Record
Recent Case Results
*Results may vary depending on your particular facts and legal circumstances.
SEE ALL CASE RESULTSWhat Our Clients Say
"When the federal government came after me, Todd and his team were the only ones who made me feel like I had a real chance. They understood the system inside and out and got my case dismissed."— Michael T., Federal Defense Client MORE REVIEWS
Lead Attorney & Founder
Todd Spodek
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience to every case.
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Frequently Asked Questions
New Jersey reformed its bail system in 2017. Instead of a cash-based system, judges now use a Public Safety Assessment (PSA) to determine whether a defendant should be released pretrial. Most defendants are released with conditions, while those deemed high-risk may be detained. An experienced attorney can argue for favorable release conditions at your detention hearing.
No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say to police can be used against you in court. Politely invoke your rights by saying "I want to speak with my attorney before answering any questions." This cannot be held against you.
Attorney fees vary based on the complexity of the case, the charges involved, and whether the case goes to trial. At Spodek Law Group, we offer transparent pricing and flexible payment plans. We provide a free initial consultation to discuss your case and give you an honest assessment of costs. Investing in quality representation often saves far more in the long run than choosing the cheapest option.
An arraignment is your first court appearance after being charged with a crime. The judge will read the charges against you, and you'll enter a plea (usually not guilty at this stage). The judge will also set bail or release conditions. Having an attorney at your arraignment is critical, as they can advocate for favorable bail terms and begin building your defense strategy from day one.
Why Clients Choose Spodek Law Group
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